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Outline of Examination (PDF:827KB) Note: When any ambiguity of interpretation is found in this provisional translation, the Japanese text shallPart prevail. I Chapter 1 Principles of the Examination and Flow of Examination Part I Oultine of Examination Contents Chapter 1 Principles of the Examination and Flow of Examination ......................... - 3 - 1101 Timing of Application of the Examination Guidelines and the Reasons for Refusal, etc. relating to the Examination Guidelines ............................................... - 3 - Chapter 2 Procedures of Examination ....................................................................... - 1 - 1201 Prior Art Searches by Registered Search Organizations .............................. - 1 - 1202 Submission of information to Patent Applications ....................................... - 3 - 1203 Examination When Utilizing the Search Result, etc. of Japan Patent Office as International Authority, Foreign Patent Office and Registered Search Organizations .. - 11 - 1204 Record of Search Results of Prior Art Documents ..................................... - 12 - 1205 Patent Application to be Refused ............................................................... - 15 - 1206 Specification of the Claim in which the Reasons for Refusal Have Not Been Found ...................................................................................................................... - 20 - 1207 Matters to Be Stated in the Publications, etc. Which is Cited in the Reasons for Refusal of the Patent Application ........................................................................... - 25 - 1208 Handling in Cases Where a Plurality of Written Amendments etc. were Submitted ................................................................................................................ - 39 - 1209 Handling in Cases Where There are Errors in the Notice of Reasons for Refusal ................................................................................................................................ - 41 - 1210 Points to which Attention Should be Paid when Drafting Decision to Grant a Patent ...................................................................................................................... - 43 - 1211 Service of Certified Copy of Decision to Grant a Patent and Fixation of Decision to Grant a Patent ...................................................................................... - 50 - 1212 Memorandum of Patent .............................................................................. - 51 - 1213 Points to Which Attention Should be Paid When Drafting Decision of Refusal ................................................................................................................................ - 54 - 1214 Final Conclusion of Decision of Refusal .................................................... - 57 - 1215 Handling in Cases Where the Amendment of Claims after the Final Notice of Reasons for Refusal is Considered to Aiming at Two or More Matters Listed in Items - 1 - (2019.04(2018.6)) Part I Chapter 1 Principles of the Examination and Flow of Examination of Article 17bis(5) of the Patent Act ....................................................................... - 58 - 1216 Points to Which Attention Should be Paid When Drafting Decision of Dismissal of Amendment ........................................................................................................ - 62 - 1217 Interview, etc. ............................................................................................. - 63 - 1218 Cases Where the Examiner Requests to Submit the Documents or Other Materials under the Provision of Article 194(1) ..................................................... - 64 - - 2 - (2019.04(2018.6)) Part I Chapter 1 Principles of the Examination and Flow of Examination Chapter 1 Principles of the Examination and Flow of Examination 1101 Timing of Application of the Examination Guidelines and the Reasons for Refusal, etc. relating to the Examination Guidelines Timing of Application of the Examination Guidelines and the Examination Handbook is indicated in Table 1. And reasons for refusal and the reasons for dismissal of the amendment relating to the Examination Guidelines is indicated in Table. 2. - 1 - ((2018.6)2020.3) Part I Chapter 1 Principles of the Examination and Flow of Examination Table 1: Timing of Application of the Examination Guidelines and the Examination Handbook Act 1990 Act 1993 Act 1994 Act 1999 Act 2002 Act 2003 Act 2004 Act 2006 Act 2008 Act 2011 Act 2015 Act 2018 Act 2016 Act Effective date From Dec. 1, 1990 From Jan. 1, 1994 From Jul. 1, 1995 From Jan. 1, 2000 From Sep. 1, 2002 From Jan. 1, 2004 From Apr. 1, 2005 From Apr. 1, 2007 From Apr. 1, 2009 From Apr. 1, 2012 From Apr. 1, 2016 From June 9, 2018 From Dec. 30, 2018 Point of law revision * Introduction of abstract * Improvement of * Introduction of the * Article 29 (being * Introduction of the * Requirement of unity * Introduction of the * Prohibition of amendment * Extension of period * Revision of provision * Introduction of the * Revision of provision *Introduction of the scope of amendments filing system for publicly known or prior art documents of invention filing system for changing special technical for filing a request for concerning exceptions reference filing system concerning exceptions system of extending a * Introduction of the foreign language publicly worked in information disclosure patent applications feature of invention appeal against to loss of novelty of to loss of novelty of patent term to utility model written applications foreign country, being system based on utility model * Easing of timing restriction for examiner's decision of invention invention compensate for the registration system * Easing of made available to * Clarification to the registration divisional applications refusal * Revision of provision curtailment of the description public through effect that "a product" * Enlargement of * Prevention of abuse of the concerning usurped term (applicable to requirements for electrical includes a computer allowable range of divisional application system application as prior patent rights related description communication lines) program correction in * Extension of period for application to patent applications * Revision of the * Separation of scope registered utility submission of translations of filed on or after March patent term extension of claims from models foreign language written 10, 2020) registration system description (from Jul. application 1, 2003) Outline of Examination Part I Outline of Examination (*) Statements on the Examination Guidelines after Part II shall be according to the following Timing of Application. Description and Claims Part II Chapter 1 Requirements for Description Part II Chapter 1 Section 3 Requirements for Disclosure of Information on Prior Art Documents Part II Chapter 2 Requirements for Claims Former Examination Guidelines Part I Chapter 2 Requirements of Unity of Application Part II Chapter 3 Unity of Invention Patentability Part III Patentability Amendments of Description, Claims or Drawings Former Examination Guidelines Part Part IV Amendments of Description, Claims or Drawings III Amendments of Description, etc. Part IV Chapter 3 Amendment Changing Special Technical Feature of Invention Priority Part V Priority Special Application Examination Guidelines for Each Industry Part VI Chapter 1 Division of Patent Application Division of Application (Revised) Part VI Chapter 1 Section 2 Notice under Article 50bis Part VI Chapter 2 Conversion of Application Part VI Chapter 3 Patent Application Based on Utility Model Registration Part VI Chapter 4 Reference filing Foreign Language Written Application Part VII Foreign Language Written Application International Patent Application Part VIII International Patent Application Extension of Patent Term Part IX Chapter 1 Extension of a Patent Term as Compensation for the Curtailment of the Term (Article 67 (2) of the Patent Act) Part IX Chapter 2 Extension of a Patent Term for Part IX Extension of Patent Term Pharmaceutical Products, etc. (Article 67 (4) of the Patent Act) Utility Model (Substantially the same guidelines Part X Utility Model as those for patent applications) Application examples of the Examination Handbook Annex B Chapter 1 Computer software related Inventions specific technical fields Portions related to "storage medium" claims, "2.1 Eligibility for Patent" (applications filed on or after Apr. 1, 1997) Portions related to "program" claims (applications filed on or after Jan. 10, 2001) Examination Handbook Annex B Chapter 2 Biological Inventions Examination Handbook Annex B Chapter 3 Medicinal Inventions The "Examination Guidelines for Patent and Utility Model" is in principle applicable to applications filed on or after July 1, 1995. However, the portions added or modified as a result of subsequent revision made to the Act, changes to examination practice, and the like may only be applicable to a limited range of patent applications. In addition, subsequent revisions and changes may be associated with clarification of the previous interpretations and practices, revised provision and changed practices will also serve as reference information in interpretation of handling of applications filed prior to the Act 1994 entering into force. - 2 - ((2018.6)2020.3) Part I Chapter 1 Principles of the Examination and Flow of Examination Table 2: Timing of Application of the reasons for refusal and the reason for dismissal
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